Advocacy Survey
Intensive Trial Practice
Intermediate Civil Litigation Skills
Advanced Civil Litigation
Advocacy Practice and Theory for the New Millennium
Related Courses
Suggested Course Progression
This class is designed for beginning advocacy students who are interested in gaining exposure to all areas of advocacy. The course covers topics such as the art and theory of persuasion, motion practice, alternative dispute resolution, trial techniques and courtroom technology. By combining theory through the lecture sessions with technique training in periodic skills sessions, students are able to practice what they learn. The lectures include traditional curriculum as well as new developments in a variety of areas such as learning theory, non-verbal behavior and retention rates. During skills sessions the students work in small groups with an adjunct faculty comprised of experienced litigators. Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, voir dire, motion practice, and other general persuasive techniques.
Students work a case file as a class for the entire semester. They see all aspects of litigation including pretrial motions, ADR, arbitration, voir dire, and trial. At the end of the semester, students try a case using all the persuasive knowledge gained throughout the course.
This class is appropriate for everyone and is a prerequisite for all other advocacy courses. Students who do not plan on litigating will still find this class useful in that it offers a well-rounded introduction and overview of all areas of advocacy. For those students intending to become litigators, the class provides a solid foundation for the more advanced advocacy classes and will help them choose which classes and areas of litigation they are most interested in.
This class is designed for the serious advocacy student interested in improving trial skills through intensive training exercises and immersion into trial skills. Students in this class try four cases during the course of the semester. Because the class is comprised of students of varying skill levels, the class is divided into sections so that students of similar skill levels can work together in a small group with their instructor. Each section may proceed at a different pace with students receiving extensive individual instruction. In a unique format, students learn by trying both solo trials and trials with partners. At both the beginning of the semester (first day of class!) and at the end, students go to trial by themselves. In the middle of the semester, they try cases with partners.
The adjunct faculty in the skills portion of this class is comprised of local trial lawyers and judges. Trials are video-taped and later reviewed individually with one of the instructors. Students participate in intensive exercises, learning how to perform each part of a trial with heavy emphasis on effective cross-examinations. They are expected to work and learn from each other and to participate in the critique of each other. Each student is an active learning participant each class period, all class period. The class is comprised of a one-hour time block and a three-hour time block each week. The one-hour time block is used for lectures on theory, demonstrations of trial technique, one-on-one review of the students’ videotaped trials, and other small group work. The three-hour time block is used for exercises and skills practice to enhance the students’ courtroom presence. The adjunct attorneys assist students in direct examinations, cross-examinations, and opening and closing statements. Local judges instruct students in the analysis of cases and evidentiary issues. Along with traditional trial technique training, additional exercises are included such as working with actors to improve their physical presence in the courtroom, voice control, breathing exercises, and non-verbal communication. By the end of the semester, most students will be “going to trial” every 2 weeks in a different case.
This is a fast-paced, intensive course and is intended for students with the interest, commitment and energy necessary to participate in trial after trial during the semester.
This course is designed primarily to prepare students for the Advanced Civil Litigation course. It is also an excellent course for graduating law students who have not taken the advanced course, but would like an introduction to civil litigation prior to becoming practicing attorneys.
The class concentrates on techniques such as preparing for and taking a deposition, e-issues, courtroom technology, deposing and presenting expert witnesses, Daubert/Robinson challenges and post-verdict motions. Students learn the mechanics and specifics of certain core litigation skills through reading, performing exercises and evaluating their peers.
In addition to weekly lectures and written assignments, students work in small groups for exercises and practice sessions. Students participate in technology exercises that focus on using PowerPoint and document cameras for direct examinations, cross-examinations, objections, arguments and motions. Practice sessions also include deposition exercises during which the student will have the chance to depose a client or witness and expert. Towards the end of the semester, students work on Daubert Hearings, Motions for New Trial and Motions for Judgment.
As a prerequisite for Advanced Civil Litigation, this class is required for students continuing their advocacy training. However, because the course offers a solid introduction to civil litigation, the class is also recommended for students who would simply like to increase their knowledge and skills in this area.
This class is designed to expose students to civil litigation practice in a setting which is as realistic as possible. The class concentrates on case and client management, motion practice and writing, discovery and depositions, the use and relevance of technology in litigation, and concludes with a trial (complete with a jury panel consisting of community volunteers) or alternative resolution of the case as the students have developed it. The goal of the class is to assist students in developing and instituting a strategy for a case in a real environment. This class is unique in that law students work with business students who serve as both clients and expert witnesses. Students also argue at least one substantive motion before a sitting judge at the Travis County or Federal courthouse. Since the class replicates the real world, students both develop and respond to their case as it unfolds. Therefore, not all students do exactly the same thing. Although each student completes a required set of work, each student experience will vary.
Student lawyers work in teams of two to develop their case and work with their client, expert and witness. They must keep time logs and bill their clients, provide periodic status reports to their clients, and generally maintain the same level of communication with their client as necessary in a real practice. Students learn how to locate, select, prepare and present expert witnesses for trial. Because all clients and experts will be presented for deposition, students also learn how to prepare their own witnesses for deposition as well as how to depose and cross-examine the opposing witnesses (including challenging the qualifications/methodology of experts). In keeping with a realistic proceeding, the depositions occur at a court reporting school before student court reporters. In addition,students are exposed to the practical uses of courtroom technology and are required to incorporate the same into their final case resolution. Students practice courtroom presentation techniques with document cameras and slide presentations, and learn to use litigation support applications such as Summation, TrialDirector and Sanctions.
For better or worse, conflict seems to be a part of litigation. Much of the
class is designed to assist students in effectively responding to and working
with their opposing counsel. Students learn to work with opposing counsel
(who have their own strategy) and opposing clients (who have their own view
of the case and their own goals). Students and their clients are responsible
for creatively exploring a non-trial resolution to their case using any method
of alternative dispute resolution, except mediation, or developing another
alternative solution. The cases are not predetermined; therefore, even the
same case will not develop the same way every time.
Student lawyers are evaluated the same as real lawyers; that is, by their
client, by the judges, and yes, by their opposing counsel. Results are measured
not only by the final result of a case, but by client satisfaction and reputation
among judges and peers. All students participate in the process, both as evaluators
of others and as recipients of others' evaluations. With “real”
clients from the business school, judges both from the courthouse and from
the practicing world of attorneys, and a jury panel comprised of non-lawyer
volunteers from outside the law school, these students have the opportunity
to learn how their style affects the intangibles that measure success.
Many students say that this class is truly an eye-opening litigation experience. They see firsthand the effect their decisions, overall demeanor, and trial techniques have on a case, and the clients, witnesses, judges and jurors involved. The combination of litigation issues and the realistic setting makes this class an excellent choice for any student considering trial law as their field.
This is a truly innovative and experimental class which pushes the limits of cutting-edge persuasion theories and techniques. New Millennium combines both lecture and practice sessions focusing on new non-verbal behavior techniques and other experimental approaches to advocacy, as well as traditional legal exercises.
This class provides an intensive immersion in theory through the use of readings from Aristotle to neuroscience, and provides exposure to theories in many different disciplines, both legal and non-legal. Students see what it takes to be persuasive. After all, if you don’t know the theory – the “why” behind the “what” – how will you know what works?
Through the use of such techniques as mirroring, anchoring, storytelling and personality profiling, students begin to see the methods that work for them and the methods that work on varying jurors. By coordinating with several local community sources, volunteer panels are gathered for student voir dire presentations, focus group exercises, and mock trials. Our volunteer jurors span all age groups and professions. Students see firsthand how different jurors, and different juries, are persuaded through different methods; a truly invaluable experience. Students also work with state and federal courts on guided research and empirical studies regarding recent judicial developments by interviewing judges, jurors and counsel.
This class is designed for the advanced advocacy student who has a strong interest in honing his or her persuasive abilities and techniques. With an extensive reading list combined with several group and individual projects, the student must be committed to learning and must be open to innovative and experimental theories and techniques. Advocacy, Practice and Theory for the New Millennium seeds ideas and develops techniques that students will carry with them in all their persuasive endeavors.
In addition to the courses offered in the Advocacy Program, the Law School offers a number of courses in related areas which may be of interest to students of Advocacy. Many seminars that are not listed may be beneficial to students in this area as well.